What Are the Steps to Vacate a Default Judgement?


Quick Answer

Steps to vacate a default judgment include preparing and filing a motion to vacate, and filing the motion with the court of jurisdiction, explains Credit Info Center. The defendant must become familiar with the legal terms of his state in order to properly prepare and file the motion.

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Full Answer

There are a few different reasons why a defendant who has a default judgment filed against him can move the court to vacate the judgement. Those reasons include the defendant not being properly served, if served at all, with a summons and complaint; that the defendant timely responded to the summons but a judgment was granted regardless; or that the defendant was unable to answer or appear at the hearing due to certain circumstances, notes Credit Info Center . After the paperwork is properly filed with the court, the defendant must serve the plaintiff, notifying of his intent to move the court to have the judgement vacated.

A defendant should also include reasons why the case would have been dismissed had he answered or appeared for the original summons, such as the collection agency not responding to the defendant's request for debt validation, or that the amount of debt exceeded the state's usury interest limits, explains Credit Info Center.

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